Mackey v. Enzensperger
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. Charles S. Zane, Judge. ~ Action by C. E. Mackey against Frank Enzensperger. There was a verdict for the defendant, and from a judgment dismissing the complaint, plaintiff appeals. [The court has followed the ruling in Hess v. White, in Publishing Go. v. Brewing Co., 10 Utah, 147] Tuclcer y.
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Appeal from the District Court of the Third Judicial District. Hon. Charles S. Zane, Judge. ~ Action by C. E. Mackey against Frank Enzensperger. There was a verdict for the defendant, and from a judgment dismissing the complaint, plaintiff appeals. [The court has followed the ruling in Hess v. White, in Publishing Go. v. Brewing Co., 10 Utah, 147] Tuclcer y. Salt Lake City, Id. 173] Wolf Co. v. Brewing Co., Id. 179] Riley v. Rapid Transit Co., Id. 428. The case of Publishing Co. v. Brewing Co., is now on appeal to the supreme court of the United States and the decision of that court upon this…
1DissentKiNG, J.
Very reluctantly do I withhold my assent from the opinion of the majority of the court in this case. This reluctance results from the fact that the point involved has been adjudicated by this court, and, if the doctrine of stare *156decisis is to have force and recognition, it would seem that there would be no ground for dissent. But the case of Hess v. White. 9 Utah, 61, 33 Pac. 243, which is followed, and upon which is founded the opinion of the majority of the court in this case, has not been passed upon by the supreme court of the United States, and several cases involving the same question…
2Cases cited23 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Callan v. WilsonSupreme Court of the United States · 1888
- Miles v. United StatesSupreme Court of the United States · 1881
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